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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17252
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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This is a long story. I bought a REO occupied property last

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This is a long story. I bought a REO occupied property last year. I went through the eviction process and won my case. The previous owners appealed the court's judgement, but after two months I won the appeal case, too. I finally got the writ of possession.

I met up with the sheriff in front of the property, but the sheriff told me that the previous owners had filed for bankruptcy. The automatic stay has been enforced.

I filed motion to lift automatic stay. After two months, I finally got the judge to lift automatic stay. I had to wait another month for the county judge to give a new order for another writ of possession since the previous writ was expired. The bankruptcy trustee also told us that the bankruptcy case is being dismissed on June 2nd.

This is where I am now. The county judge told us the previous owners have until June 5th to move out. I will be meeting up with the sheriff on June 7th to evict them.

Now finally my question. Are they able to file for bankruptcy again to get the automatic stay enforced? If so, when will the bankruptcy court call BS and dismiss their case right away. They are definitely filing for bankruptcy to delay eviction.

They have no sign of leaving the home. I'm afraid they will play more games and filing for another bankruptcy is the only step I can think they can take.

WALLSTREETESQ : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on
WALLSTREETESQ : If the case is going to be dismissed without prejudice it will be possible for them to file another chapter 13 to stop the eviction however the stay will be limited and you can file a motion to lift the stay as well,
WALLSTREETESQ : They will only give a 30 day extension
If the case is dismissed with prejudice they would have to wait six months to refile
Customer: replied 4 years ago.

Actually they filed once, but was dismissed due to not submitting necessary documents. The second time they filed is being dismissed next week.


It would be their third time filing if they do file for bankruptcy again. I've read that the automatic stay will not be enforced. I want to know how will the sheriff know that the automatic stay is not enforced when they get the bankruptcy paper?

The sheriff will check through pacer which is the electronic service showing the filing it would state no automatic stay, you can also show him this as well
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